Wednesday, September 12, 2012

Ind. Decisions - The ILB has asked Prof. Schumm for his quick take on today's opinion

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law

End of the Road for Bisard?

I had long shared the view of many that the issues in Bisard were so novel and significant that the case would end with a decision from the Indiana Supreme Court. After reading today’s opinion from Senior Judge (former Chief Justice) Shepard, I think it is far more likely that transfer, if sought, will be denied 4-0 or the Court of Appeals’ opinion will be adopted by the Supreme Court under Appellate Rule 58(A)(1).*

Today's opinion does a masterful job of marshaling statutory language, legislative intent, and decisional law to support its conclusion. I’d be surprised if any of the justices disagreed with the result or thought transfer was necessary to somehow improve or tweak the analysis.
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*The 4-0 vote assumes a new justice has been appointed and that Justice Massa recuses based on the statements made about the case as a candidate for prosecutor.